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Calcutta High CourtCRM(NDPS)/471/2023rejected

Abdur Rouf And ANR v. The State Of West Bengal

2023-07-13Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Partha Sarathi Sen2 pages

13.07.2023 Item no.16 Court No.1.

AB (Rejected) Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (NDPS) No.471 of 2023 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Pradhan Nagar Police Station Case No.340 of 2022 Dated 9.5.22 under Section 18/21C/22C/27A/28/29 of the NDPS Act And In the matter of : Abdur Rouf & Anr.

......Petitioners.

Ms. Jeenia Rudra ......for the Petitioners.

Mr. A. S. Chakraborty, ld. APP, Mr. Subhasish Misra ......for the State.

Heard learned Advocate for the petitioners and learned Advocate for the State.

It is contended that though in the written complaint, it has been mentioned that commercial quantity of brown sugar was seized from the possession of the present petitioner, but in FSL report a different view was taken.

Learned Advocate for the State, however, opposes such contention. Drawing our attention to page 174 of the case diary, it is submitted that the contraband seized from the possession of the petitioner was found to be a narcotic drug. Such being the position, we are not inclined to exercise our discretion in favour of the petitioners.

The prayer for bail is rejected.

CRM (NDPS) No.471 of 2023 is dismissed.

(Partha Sarathi Sen, J.) (Arijit Banerjee, J.)